Cobb County Superior Court Judge Mary Staley on Monday denied a motion by Justin Ross Harris’ attorneys to bar the media from pre-trial hearings in a case that has drawn national attention
Attorney Maddox Kilgore argued his client would not be able to receive a fair trial if the press is allowed to cover motions hearings where evidence will be discussed.
Harris, now sporting a buzz cut, is accused of intentionally leaving his 22-month-old son inside a hot SUV to die. He was indicted last September on charges including malice murder, felony murder and cruelty to children. Prosecutors have portrayed him as a porn-obsessed, would-be playboy seeking a “child-free lifestyle.”
Harris pleaded not guilty and has been held without bond ever since. Kilgore said he’s already been “condemned” by sensationalized media coverage of the case.
“All contested evidence is going to become public domain and will be available to any potential juror,” said Maddox Kilgore, Harris’ lawyer. Even if the judge were to dismiss any evidence, “it would be out there, affixed to commentary or analysis.”
“It does have an effect on potential jurors” he said. “Negative reporting has shifted the burden of proof (to the defense).”
Staley disagreed, saying, “Much of what is complained of here is information that’s already in public purview.”
Atlanta Journal-Constitution attorney Tom Clyde argued against Kilgore’s motion, saying, “You’re not entitled to a jury knowing nothing about your case.”
Clyde said the defense hasn’t proved the media coverage of the Harris case has been prejudicial to the defendant.
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